By Gary Bauer - 7/1/2005 - The American Spectator
Our courts are corrupt. The "rule of law" does not permit courts to make law. The "rule of law" does not permit courts to be conservative, moderate or liberal. Both of those are politics, not "rule of law". The "rule of law" assumes there is justice in our courts. However there can be no justice when the courts have become a law unto themselves. The courts have reached a point where they are unconcerned with the Constitution, the people or the legislature.
Back in 2000, 70 percent of Nebraskans expressed the desire that marriage remain between one man and one woman. A single judge decided he knew better.
While this is not the first time a judge has sought to redefine marriage against the people's will, this is the first time a state constitutional amendment has been struck down. It was the supposed strength of these state amendments to which many politicians alluded when they falsely claimed that a federal marriage amendment was unnecessary.
Senator John McCain called an amendment un-Republican because it imposes a federal remedy for a problem that most states do not believe confronts them. Senate Democratic Leader Harry Reid stressed that he "believe[s] in the sanctity of marriage" but that, "before we tinker with our most cherished rights, we should allow the states to deal with this issue..."
The Nebraska judge's decision is irrefutable proof that those who say marriage can be handled state by state are categorically wrong. Such assertions ignore the reality that federal judges have signaled unequivocally that they will not allow the people to decide for themselves.
They have created a revolving door criminal justice system where citizens and victims of crime have no rights, and criminals who give lawyers fat legal fees can do just about anything they want.
They now allow government to seize any property that they want; assuring that rich developers can bring cases into court that previously needed local government to rule.
To expand their power to issues of immigration policy, they have granted the right to citizenship to the children of illegal aliens, even as the children of some legal aliens do not become citizens.
To allow judges to involve themselves in setting marriage policy, they have created a gay marriage right that 70% of the people oppose.
They claim all of these seized powers under the premise that we have a "living" Constitution. This premise has evolved to an assumption they can do whatever they want. The end result is that the Constitution has become meaningless. What they have given us is a "dead" Constitution, a Constitution which does not exist and to which they owe no fidelity. Judicial activism has really become judicial corruption.
The article listed above proposes that our federal legislature create a Constitutional Amendment defining marriage between a man and a woman. Since the recent rulings of the court, this is an ignorant proposal. If the Constitution is "dead", what difference can it possibly make to put more words into the Constitution to be ignored by a corrupt judiciary?
Unless the legislature starts mass impeachments of justices who are themselves violating the constitution and their oath of office, they will soon be irrelevant. Passing useless amendments will not change that.